This case, Mst. Nazeerah vs. The State (2024 P Cr. L J 937), addresses the refusal of post-arrest bail for the petitioner, a woman accused of possessing narcotics, specifically 1590 grams of ICE (methamphetamine) and 560 grams of heroin. The legal basis revolves around the Control of Narcotic Substances Act, 1997, primarily under sections 9(c) (possession of narcotics) and 51, and the relevant sections of the Criminal Procedure Code (Cr.P.C), specifically S. 497(1) and 497(2).
Key points of the case include:
- Red-Handed Arrest: The petitioner was caught in possession of narcotics, and the court found reasonable grounds to believe she committed the offense, which is punishable with 10-14 years of imprisonment under the Act of 1997.
- Organized Crime Allegation: The petitioner was involved in what the court considered organized crime—women often being used as carriers of narcotics—leading the court to refuse to extend bail based on the usual provisions of S. 497(1), Cr.P.C., which typically grants leniency to female offenders.
- Potential Abscondment: The court noted the petitioner’s residency in another province, raising concerns about the likelihood of her absconding and not facing trial.
- False Implication Claim: The petitioner’s claim of false implication could not be considered at this bail stage as deeper appreciation of evidence is not permissible.
- Court’s Precedents: The court relied on previous rulings, including Tahira Batool v. State (PLD 2022 SC 764) and Noor Khan v. State (2021 SCMR 1212), to support its decision, emphasizing exceptions to granting bail when there is a risk of abscondment, interference with justice, or repeat offenses.
Ultimately, the petition for bail was dismissed. The court deemed that the petitioner failed to make a case for bail, and her involvement in narcotics trafficking could not be equated with ordinary offenses, despite her gender.